Ghana’s Supreme Court has declare invalid re-collated parliamentary election results of the Electoral Commission for for constituencies namely; Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
On December 20, 2024, the Accra High Court presided over by Justice Rev Fr Joseph Adu Owusu Agyemang following a mandamus application filled by parliamentary candidate of the New Patriotic Party (NPP) ordered the Electoral Commission (EC) to collate and recollate the results of six constituencies including Tema Central, Nsawam-Adoagyir, Ablekuma North, Ahafo Ano North, Techiman South and Okaikwei Central and declare the winners in tandem with the electoral laws of the country.
The Supreme Court verdict comes in the wake of a cetiorari filed by the National Democratic Congress (NDC) seeking an order of stay of execution to suspend the High Court’s decision pending the final determination of its application overturning the Electoral Commission’s (EC) declarations for these constituencies.
The court, however, upheld the re-collated results for Nsawam Adoagyiri and Ahafo Ano North, leaving them unaffected by the decision.
This landmark judgment highlights the judiciary’s pivotal role in addressing electoral irregularities and ensuring strict adherence to constitutional and procedural requirements.
The NDC vehemently opposed the re-collation process, describing it as unlawful and flawed. The party argues that the High Court exceeded its jurisdiction, undermining the transparency and integrity of the electoral process.
Delivering the ruling in Accra on Friday, Justice Gabriel Pwamang, presiding judge noted that “Since the orders which have been brought to be quashed are separate and distinct we have decided to exercise our discretionary power to quash by certiorari having required to the peculiar circumstances of each ruling.
“Consequently, we hereby quash the orders of mandamus made for collation of results by the EC in the following constituencies Okawkwei Central, Ablekuma North, Tema Central and Techiman South.”
The court ruled that the trial judge violated the NDC parliamentary candidates’ right to a fair hearing when they applied to the High Court.
This decision directly challenges the controversial re-collation conducted by the Electoral Commission and the subsequent declarations for the constituencies in question.
The court further clarified that, despite the annulment, the mandamus application remains active and is scheduled to be heard by the High Court on Tuesday, December 31.
